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Would a 12 month old start-up (UK subsidiary LLc) satisfy EB1c?

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  • Would a 12 month old start-up (UK subsidiary LLc) satisfy EB1c?

    Hi, hope you guys can help me.
    I am a UK citizen based in London, I run a Limited company already trading with US clients and expanding services with a SaaS platform business and US office.
    I want to make a permanent move to the US with my wife and daughter (19), build the business globally and make a life there, probably in New York initially but potentially California (flexible) to set up a second US office.

    EB1c looks to be workable but in order to include my daughter I need to do so before her 21st birthday in Dec 2023 giving me just 15 months to set up a US subsidiary LLc, complete the first 12 months' trade and file the EB1c application.

    From what I can see it's doable and satisifes EB1c if I open a subsidiary LLc in the US in the next 4 weeks, start trading immediately and continue to trade via both the UK & US companies for at least 12 months. As owner and an employee of the UK company I manage remote staff/strategy/everything etc. and I would do the same as an executive employee for the US subsidiary.
    The application would go in just before the birthday so I'm hoping a priority date would be set for my daughter allowing the application process to pass her 21st but still include her if approved.

    I haven't been able to find definitive guidance as to how brand new startups/subsidiaries would be treated and what company structure, staff levels/management oversight might improve chances of approval so I'd appreciate any guidance on whether the above would realistically:
    a) satisfy the requirements of EB1c
    b) have enough time to include my daughter?

    Thanks for your help!
    Gfox

  • #2
    I'd suggest delving further into the EB1c requirements and seeking out an immigration attorney who specializes in business immigration. Their expertise will ensure you receive personalized guidance that suits your specific circumstances.

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    • #3
      It seems doable, but I'd recommend seeking advice from an immigration attorney to be sure. Setting up a subsidiary LLC in the US within four weeks is ambitious, but with dedication, it can work
      Last edited by charleshilll; 07-24-2023, 05:16 AM.

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      • #4
        It seems doable, but I'd recommend seeking advice from an immigration attorney to be sure. Setting up a subsidiary LLC in the US within four weeks is ambitious, but with dedication, it can work. Starting trade immediately is essential, and trading for at least 12 months before your daughter's birthday is a smart move. However, I think it's easier to register. Anyway, it's up to you to decide.

        Last edited by fichanava1971; 07-26-2023, 04:14 AM.

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